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Orissa High CourtBLAPL/11856/2022allowed

Purandar Bhati v. State Of Odisha

2022-12-21Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11856 of 2022

1. Purandar Bhati

2. Dulamani Putel ....

Petitioners Mr. S.K. Joshi, Advocate -versusState of Odisha .... Opp. Party Mr. Arupananda Das Addl. Government Advocate Mr. B.S. Rayaguru, Advocate for the informant

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.12.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.169 of 2022 arising out of Muribahal P.S. Case No.176 of 2022 pending in the Court of learned J.M.F.C., Muribahal for offences punishable under sections 376(2)(n)/506/120-B of the Indian Penal Code. The prayer for bail of the petitioners was rejected by the learned Additional Sessions Judge, Kantabanji vide order dated 21.11.2022.

// 2 // Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 04.10.2022 and they have been charge sheeted under sections 376(2)(n)/506/120-B of the Indian Penal Code and the main allegation is against one Biswajit Padhan and after going through the statement of the victim placed by the learned counsel for the State, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to conditions that the petitioners shall not try to come in contact with the victim and shall appear before the learned trial Court on each date when the case would be posted for trial.

Violation of any conditions shall entail cancellation of bail.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM